Study committee on medical marijuana continues to work!
Last update: October 12, 2017
While Tennessee lawmakers heard testimony on medical marijuana this session, lawmakers’ adjourned with issues surrounding medical marijuana unresolved. Many of the bills brought up this year can be brought back in January when lawmakers return, since 2017 was the first part of a two-year session.
House Speaker Beth Harwell and Lt. Gov. Randy McNally ordered the formation of a committee to study the impact of medical marijuana in Tennessee. The committee will be chaired by Sen. Steve Dickerson and Rep. Jeremy Faison. The committee will meet for the first time on Thursday, September 21, and members listened and asked questions of marijuana experts. Further hearings will be scheduled in the coming months.
Hopefully, the Legislature will catch up with the vast majority of Tennesseans, 75% of whom agree that seriously ill patients should have access to medical cannabis, according to a 2014 MTSU poll. Please take a moment to encourage your legislators to pass a meaningful, inclusive medical marijuana bill that includes in-state access to medical cannabis.
Current marijuana laws in Tennessee
Marijuana, for both medical and recreational uses, is not legal in Tennessee. However, there is an exception, effected by bill SB 280, that allows the use of high-CBD, low-THC cannabis oil for seizure patients.
Possession and cultivation both remain illegal. Possession of any amount is a misdemeanor, punishable by one year in jail and up to a $2,500 fine. Cultivation of 10 plants or less is a felony, punishable by one to six years in prison and a $5,000 fine, and the penalties increase exponentially for each additional plant being grown.
Decriminalization hits roadblock
The two largest cities in Tennessee, Memphis and Nashville, both passed ordinances in 2016 that give an officer the discretion to charge someone with a civil infraction for possessing small amounts of marijuana. One of the reasons for this was that the criminal law has been enforced unequally: In 2010 in Tennessee, there were four African Americans arrested for marijuana possession for every white arrested, despite the fact that both races consume marijuana at about the same rate.
However, Gov. Bill Haslam signed a bill that repealed marijuana decriminalization laws in Nashville and Memphis. The bill said “state government law preempts local government enactments with respect to the regulation of and appropriate sanctions for conduct involving drugs and other similar substances.” This controversy highlights the need for statewide reform. Please ask your legislators to support replacing criminal penalties with civil fines for simple possession.
Tennessee slightly reduces penalties for marijuana possession
Third and subsequent convictions for the possession of marijuana used to be felonies, punishable by one to six years in prison and a fine of up to $3,000. But in 2016, the legislature reduced that penalty to a misdemeanor, so people convicted of non-violent possession of most drugs will no longer suffer the stigma of a life-long felony record.
Timeline of marijuana policy reform in Tennessee
1981: In 1981, HB 314 created a therapeutic research program — which was operational — for cancer chemotherapy or radiology or glaucoma (marijuana or THC). The program was administered by a Patient Qualification Review Board within the Board of Pharmacy, which was authorized to contract with the federal government for marijuana. The program was repealed by SB 1818 in 1992.
2015: Tennessee Governor Bill Haslam signed SB 280 into law, against his earlier opposition. The bill legalized the possession and use of marijuana to treat a limited number of severe conditions, including epilepsy. The bill has no provisions for legal sale, thus requiring patients to acquire the drug outside the state of Tennessee; possession of CBD oil without proof that it was obtained legally outside of Tennessee is a misdemeanor.
2016: Tennessee tweaked its ineffective low-THC law by enacting HB 2144 on May 20, 2016. The law provides that patients may possess CBD oils with no more than 0.9% THC if they have “a legal order or recommendation” for the oil and they or an immediate family member have been diagnosed with epilepsy by a Tennessee doctor.
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